Execution in Counterparts; Electronic Signatures. This Amendment may be executed by one or more of the parties to this Amendment on any number of separate counterparts (including by facsimile or other electronic imaging means), and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Amendment by facsimile or other electronic transmission (e.g. “pdf” or “tif” format) shall be effective as delivery of a manually executed counterpart hereof. The words “execution”, “execute”, “signed”, “signature” and words of like import in or related to this Amendment or any other document to be signed in connection with this Amendment and the transactions contemplated hereby shall be deemed to include electronic signatures, the electronic matching of assignment terms and contract formations on electronic platforms approved by the Lender, or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that notwithstanding anything contained herein to the contrary the Lender is under no obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to by the Lender pursuant to procedures approved by it.
Appears in 9 contracts
Sources: Secured Convertible Credit and Security Agreement (Armata Pharmaceuticals, Inc.), Credit and Security Agreement (Armata Pharmaceuticals, Inc.), Credit and Security Agreement (Armata Pharmaceuticals, Inc.)
Execution in Counterparts; Electronic Signatures. This Amendment Agreement may be executed by one or more of the parties to this Amendment on in any number of counterparts and by different parties hereto in separate counterparts (including by facsimile or other electronic imaging means)counterparts, and all each of said counterparts taken together which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same instrumentagreement. Delivery of an executed counterpart of a signature page of to this Amendment Agreement by facsimile or other electronic transmission (e.g. “pdf” or “tif” format) telecopier shall be effective as delivery of a manually executed counterpart hereofof this Agreement. The words “execute,” “execution”, “execute”, ,” “signed”, ,” “signature,” and words of like import in or related to this Amendment or any other document to be signed in connection with this Amendment Agreement and the transactions contemplated hereby (including without limitation Assignment and Assumptions, amendments or other modifications, Notices of Borrowing, waivers and consents) shall be deemed to include electronic signatures, the electronic matching of assignment terms and contract formations on electronic platforms approved by the LenderAdministrative Agent, or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that notwithstanding anything contained herein to the contrary the Lender Administrative Agent is under no obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to by the Lender Administrative Agent pursuant to procedures approved by itit (it being understood for the purposes of the Loan Documents DocuSign shall be acceptable if the signature so delivered conforms to the signature provided on the applicable incumbency certificate).
Appears in 8 contracts
Sources: Term Loan Credit Agreement (Honeywell International Inc), 364 Day Credit Agreement (Honeywell International Inc), Fixed Rate Term Loan Credit Agreement (Honeywell International Inc)
Execution in Counterparts; Electronic Signatures. This Amendment Indenture may be executed by one or more of the parties to this Amendment on in any number of separate counterparts (including by facsimile or other electronic imaging means)counterparts, and all each of said counterparts taken together which shall be deemed to an original, but such counterparts shall together constitute but one and the same instrument. Delivery The exchange of an executed signature page copies of this Amendment Indenture and of signature pages by facsimile facsimile, electronic means or other electronic PDF transmission (e.g. “pdf” or “tif” format) shall be constitute effective as execution and delivery of a manually executed counterpart hereofthis Indenture as to the parties hereto and may be used in lieu of the original Indenture for all purposes. The words “execution”, “execute”, ,” “signed”, ,” “signature,” and words of like import in this Indenture shall include images of manually executed signatures transmitted by facsimile or related to this Amendment other electronic format (including, without limitation, “pdf,” “tif” or “jpg”) and other electronic signatures (including, without limitation, DocuSign and AdobeSign). The use of electronic signatures and electronic records (including, without limitation, any contract or other document to be signed in connection with this Amendment and the transactions contemplated hereby shall be deemed to include electronic signaturesrecord created, the electronic matching of assignment terms and contract formations on electronic platforms approved by the Lendergenerated, sent, communicated, received, or the keeping of records in stored by electronic form, each of which means) shall be of the same legal effect, validity or and enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, record-keeping system to the fullest extent and as provided for in any permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or Act and any other similar applicable law, including, without limitation, any state laws law based on the Uniform Electronic Transactions ActAct or the Uniform Commercial Code; provided that that, notwithstanding anything contained herein to the contrary contrary, the Lender Trustee is not under no any obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to by the Lender Trustee pursuant to procedures approved by itthe Trustee.
Appears in 5 contracts
Sources: Indenture (Pitney Bowes Inc /De/), Indenture (Repay Holdings Corp), Indenture (Global Payments Inc)